Court upholds ruling striking down NYC’s large sugary drink ban

An appeals court upheld a lower court ruling that struck down the city's large sugary drink ban.

New Yorkers are still free to drink any size soda they want.

On Tuesday an appeals court unanimously upheld a ruling striking down the city’s ban on large, sugary drinks.

In March, a judge ruled the city’s sugary drink ban invalid less than 24 hours before it was set to take effect.

The law would have forbidden businesses around the city from serving sugary drinks with more than 25 calories per eight ounces in sizes larger than 16 ounces. Those businesses would have had three months to comply before facing fines.

“We are pleased that the lower court’s decision was upheld. With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of

New York City,” said Chris Gindlesperger, spokesperson for the American Beverage Association, one of the co-plaintiffs in the lawsuit against the ban.

The March ruling had drawn an immediate vow from Mayor Michael Bloomberg to appeal it. He, weight loss groups and other supporters had pushed the controversial ban as a way to fight the city’s raising obesity rate.

The mayor called Tuesday’s decision by the First Department of the state Supreme Court’s Appellate Division a “temporary setback” and said he plans another appeal.

“Since New York City’s ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12, more than 2,000 New Yorkers have died from the effects of diabetes,” he said.